Statute of Limitations as a Bar to Extradition

Statutory rule

Under Section 9 IRG, extradition is inadmissible if criminal prosecution or the enforcement of a sentence would be time-barred under German law. In EAW proceedings, Section 83(1) no. 4 IRG governs the statute of limitations as a mandatory ground for refusal: surrender must be refused if the offense is time-barred under German law.

Relevant point in time

For the calculation, German limitation law under Sections 78 ff. of the Criminal Code (Strafgesetzbuch, StGB) is decisive, not the law of the requesting state. What matters is whether the offense would be time-barred by German standards if it had been committed in Germany. Measures that interrupt the limitation period abroad are generally not taken into account in this regard.

Practical notes

The statute of limitations is frequently overlooked in practice. In cases involving older facts — particularly tax evasion, fraud, or bodily-injury offenses — the German limitation period should always be examined. No statute of limitations applies to capital crimes (murder, manslaughter). Care is also required for aggravated offenses, where the limitation period under Section 78(3) StGB is 5, 10, 20, or 30 years depending on the applicable sentencing range.

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